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Prevention
Who’s Responsible? A Guide To Storm Damage Disputes
General Manager
In his role as General Manager at EBM RentCover, Edward brings more than 13 years of industry expertise...
Storms can leave behind more than fallen branches and excess water. They can also create confusion about who is responsible for repairs, insurance claims and neighbour disputes.
If a tree falls on a neighbour’s fence, a boundary fence blows over, or stormwater floods the property next door, determining responsibility is not always straightforward.
While the answer will depend on the specific circumstances and insurance policies involved, here are some of the most common storm-related scenarios property owners face.
A tree falls on a neighbour’s fence
This is one of the most common post-storm disputes.
Many property owners assume the owner of the tree is automatically responsible for the damage. In reality, liability often depends on whether the tree was healthy and properly maintained before the storm. If a healthy tree falls during extreme weather, the damage may be considered an unforeseen event, with each property owner typically claiming through their own insurer.
However, if the tree was dead or obviously dangerous and the owner failed to take reasonable action, they could potentially be held liable for the resulting damage.
TIP: Regular tree maintenance and keeping records of inspections can help protect landlords if a dispute arises.
A boundary fence blows over in a storm
When a dividing fence is damaged by severe weather, many owners expect their neighbour to contribute equally to repairs.
However, responsibility can vary depending on state legislation, the condition of the fence before the storm, and whether the damage was unavoidable. In many cases, neighbouring owners share the cost of repairing or replacing a standard dividing fence.
Insurance may also play a role, particularly if the fence damage forms part of a larger storm-damage claim.
TIP: Don’t assume the neighbour automatically pays half. Check state fencing laws and speak with your insurer before organising repairs.
A tree falls on a neighbour’s house or car
The same principles that apply to fence damage generally apply here.
If a healthy tree is brought down by a significant storm event, the affected owner’s insurance will often be the first port of call. But if the tree owner knew, or reasonably should have known, the tree posed a danger, they may face liability for the damage.
This is why we recommend addressing dead or visibly unstable trees before storm season arrives.
A blocked drain causes flooding to a neighbour’s property
Heavy rainfall can expose drainage problems that may have been developing for years.
If stormwater overflows from a blocked gutter, drain or stormwater system and damages a neighbouring property, questions may arise about whether the owner took reasonable steps to maintain the property.
The outcome often depends on the cause of the blockage, the owner’s maintenance history and the specific circumstances surrounding the event.
Storm damage causes water to enter a rental property
When a severe storm damages a roof or causes water ingress, landlords are generally responsible for arranging repairs to the building.
Property managers play an important role in coordinating emergency repairs, documenting damage and communicating with insurers. Tenants should report issues promptly and take reasonable steps to prevent further damage where safe to do so.
We recommend documenting damage with photos and contacting insurers as soon as possible after a storm event.
Where does landlord insurance fit in?
Often, insurance is the first avenue property owners turn to after storm damage. Depending on the policy and circumstances, landlord insurance may help cover insured events such as storm damage, loss of rent, and certain legal liability claims.
For example:
- A storm damages the roof of your rental property and water enters the home.
- A tree falls and causes damage to insured structures on the property.
- Severe weather makes the property uninhabitable, resulting in a loss of rent.
- A third party alleges you were negligent in maintaining a tree or property feature that caused damage or injury.
Cover, limits, exclusions and conditions vary between policies, so it’s important to understand exactly what your insurance does and doesn’t include before an event occurs.
TIP: Understanding responsibility is important, but having the right insurance in place can help protect your investment when unexpected weather events occur.
The bottom line
Storm damage can quickly become complicated. In many situations, responsibility comes down to three key questions:
- Was the damage caused by an unavoidable storm event?
- Was the property or tree appropriately maintained?
- What does the relevant insurance policy cover?
Understanding these factors before disaster strikes can help landlords avoid costly disputes and recover more quickly when severe weather hits.
If you’re unsure about your cover, need help understanding a potential claim, or want to discuss insurance, contact the EBM RentCover team today. We’re here to navigate you through the maze of insurance jargon.